What happens to non-elected claims after a final restriction requirement?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

After a final restriction requirement, non-elected claims are typically handled as follows:

• They are clearly indicated as being withdrawn from consideration
• The examiner uses Form Paragraph 8.05 to show the claims are withdrawn with traverse
• The applicant retains the right to petition the requirement under 37 CFR 1.144

The MPEP states: “If the requirement is made final, the claims to the nonelected invention should be clearly indicated as being withdrawn from consideration. In this situation, the examiner should use form paragraph 8.05.” (MPEP 821.01) This ensures clarity in the record and preserves the applicant’s rights.